Trust and Estate Disputes

By their nature, disputes over wills, trusts and estates often occur at times of emotional vulnerability and distress. Bringing or defending such claims is especially demanding and can become acrimonious very quickly. We are recognised for our ability to find practical solutions, while also being tough when necessary to protect our clients’ interests.
 

Seeking expert legal advice at an early stage to help resolve matters can be crucial and can potentially avoid litigation and costly court proceedings.

Specialist Wills, Trust and Estate Dispute Advice

Our specialist trust, estate and inheritance disputes lawyers have extensive experience and are ranked in both Chambers & Partners and The Legal 500 as experts in this field. We were recently shortlisted for the Contentious Trust and Estates Team of the Year for the 2023 Step Private Client Awards and won the title of Contentious Wills and Probate Team of the Year at the 2023 British Wills and Probate Awards. 

We act for trustees, executors, personal representatives, protectors, beneficiaries, charities and for individuals in a wide range of disputes involving trusts along with wills and inheritances.

We often advise on complex and cross-jurisdictional issues, and regularly work alongside other intermediaries based offshore.

Court of Protection, Landed Estates and Tax Disputes

We are regularly instructed in relation to contentious matters arising in the Court of Protection and are experienced in advising charities in relation to their potential fraud exposure as well as defending charitable legacies and other such related disputes. We also act often in disputes arising in relation to family farms and landed estates and we have a specialist tax disputes team.

The circumstances of each case are unique, which necessitates a tailored response to the individual needs of our clients. We employ a wide range of methods to help promote early settlement where it is beneficial to our clients. However, if a resolution cannot be found, we engage in and manage litigation as pro-actively, efficiently and cost effectively as possible to ensure the best possible outcome for our clients at trial.

We always give clear advice to our clients about costs and the various options for funding a dispute involving trusts and estates.

For more information, look at our frequently asked questions on trust disputes, as well as wills and inheritance disputes, and read our Need to Know guides for Trustees.

WHAT CLIENTS AND DIRECTORIES HAVE SAID 

They all work in an incredibly integrated way as a team and have a common approach and sense for running contentious matters."

Chambers and Partners, High Net Worth Guide, 2025

The Kingsley Napley team is friendly and approachable whilst also providing high-quality advice, often at short notice. A great team that clearly works well together."

Chambers and Partners, High Net Worth Guide, 2025

They're a really dynamic, hungry team. They are good at coming into difficult, long-running cases and moving them forward in a tough, efficient way. They focus on clients' goals and are commercial."

Chambers and Partners, High Net Worth Guide, 2025

Kingsley Napley have an ability to pick up the most challenging cases and turn them into success stories. They fight hard for clients in the most difficult situations, and get great results by their excellent judgement, technical knowledge and common sense."

The Legal 500, 2025

The partners have been knowledgeable, practical, approachable and understanding in all aspects of the law where advice has been sought. The team are quick to respond and react and good to deal with."

Chambers and Partners, High Net Worth Guide 2024

The whole team is so dedicated, quick to respond and very supportive."

Chambers and Partners, High Net Worth Guide 2024

A really top-notch team from top-to-bottom who have great experience in acting for clients of all types up to the most HNW individuals and their families. Ryan Mowat is a very hands-on partner, but his associates are all outstanding too."

The Legal 500, 2024

They are very responsive, which is incredibly important."

Chambers and Partners, High Net Worth Guide 2023

They are efficient, responsive and clear in their communications. The level of service delivery is first-class, and consistently so."

Chambers and Partners, High Net Worth Guide 2023

The contentious trusts and probate team at Kingsley Napley is absolutely superb."

The Legal 500, 2023

 The team is second to none"

The Legal 500, 2022

They are thorough, well informed, and experienced. Just what good private client litigators should be."

The Legal 500, 2022

The lawyers are extremely well-versed in the area and garner the respect of opponents"

The Legal 500, 2022

consistently impressive"  

Chambers and Partners, High Net Worth Guide, 2022

An extremely strong team for contentious trust and probate"

Chambers and Partners, High Net Worth Guide 2021

The team at Kingsley Napley is well regarded in the contentious trusts and estates market. The lawyers are successful because they are intelligent and tenacious. They do not gild the lily, but instead they retain their focus on their client’s commercial objectives and achieve them through hard work. They litigate as it should be done"

The Legal 500 UK, 2021

EXAMPLES OF RECENT CASES

• Acting in a proprietary estoppel claim for our client against his parents in relation to farming land and the family business
• Acting for the beneficiaries in multijurisdictional trust dispute challenging the exercise of the trustees’ discretion to appoint assets out of trust
• Successfully defending a challenge to the validity of an English will on the grounds that the testator could not have known and approved the contents of the will because she did not speak, read or understand English.
• Acting for a client in a highly acrimonious dispute regarding his father’s estate involving allegations of destruction of a will, forgery and the concealment of overseas assets.
• Advising a client in relation to a professional negligence claim against the solicitor who drafted her husband’s will, an application for rectification of that will on the basis of mistake, and a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
• Advising a Guernsey trust company in a cross border investigation into issues surrounding the settlor and main beneficiary of a family trust. The claims included allegations of undue influence and the misappropriation of assets including extremely valuable artwork.
• Assisting a beneficiary of a substantial trust in relation to the disclosure of information about the trust and also advising on allegations of breach of trust and proceedings for removal of the trustees.
• Acting on behalf of a trustee in bankruptcy where the bankrupt had divested himself of assets, including through offshore trust structures before making himself bankrupt in the face of significant tax liabilities due to the failure of aggressive tax avoidance schemes.
• Advising a Panamanian trustee company of a Cayman trust in a complex piece of multi-jurisdictional trust/fraud litigation relating to the transfer of assets from another off-shore trust.
• Acting in relation to a challenge to the validity of three wills made after the deceased’s diagnosis with brain cancer and investigating the misappropriation of assets prior to his death.
• Advising the children of the deceased in relation to a claim under the Inheritance (Provision for Family and Dependants) Act 1975, in circumstances where their father had made a death bed will cutting them out of his estate.